Obama White House Not Appealing Transgender Ruling

WASHINGTON — The Obama administration is not fighting a nearly $500,000 judgment for a Library of Congress hiree who lost the job while undergoing a gender change from a man to a woman.

The Justice Department let the deadline to appeal the decision pass Tuesday, a day after President Barack Obama hosted gay supporters at the White House and promised to be their "champion." Some activists have complained he has not led on their causes, including ending the ban on gays in the military.

Diane Schroer, a retired Army Special Forces commander from Alexandria, Va., had been offered a job at the Library of Congress when he was a man, David Schroer. The job was rescinded the day after Schroer told a library official he was going to have an operation to become a woman.

The American Civil Liberties Union filed a lawsuit on Schroer's behalf in 2005, and two months ago a federal judge awarded her $491,190 in back pay and damages because of sex discrimination.

The Library of Congress and President George W. Bush's Justice Department had argued unsuccessfully that discrimination because of transsexuality was not illegal sex discrimination under the Civil Rights Act.

Schroer said she saw the administration's decision not to appeal as a recognition that transgender discrimination must end and "gives me renewed hope and restores some of my shaken faith in what our country stands for."

"This case put employers on notice that discrimination against transgender individuals is like any other form of discrimination _ counterproductive and against our principles as a nation," she said in a statement. But she added that Congress must pass a law preventing "rampant" transgender discrimination across the country.

Justice spokeswoman Tracy Schmaler put the solicitor general's decision not to appeal the ruling in legal, not political, terms.

"The District Court's detailed factual findings, as well as its alternate legal holdings, make this case a poor vehicle to contest the underlying issues," she said.

Schroer is a former U.S. Army colonel who directed a classified group that tracked and targeted terrorists. Schroer retired in 2004 after 25 years of service and worked briefly in the private sector before applying for the Congressional Research Service job at the Library of Congress.

After being offered the job, Schroer had lunch with a Library of Congress official and explained the upcoming surgery. Schroer testified the official called the next day and said the position would not be a "good fit."

The ACLU said the decision not to appeal fits with Obama's campaign promises to protect transgender workers against discrimination and his administration's recent order taking steps to bar gender identity discrimination in federal employment.

"The administration's decision not to challenge this important civil rights ruling is a welcome sign that it intends to live up to its commitment to help end transgender discrimination in the workplace," said Sharon McGowan, a staff attorney with the ACLU Lesbian Gay Bisexual Transgender Project.

Comments

[GeoLee]

I wonder if a small business that spends lots of money on health care woudl ahave justifiable cause bases solely on the potential for extremely expensive medical treatment to rescind an offer like this or any other medical plans of a job applicant that were not disclosed. I think the decision to not appeal was absolutely correct, but if it had been a small business looking out for health care costs can they discriminate. I know I had to take a physical for my school system job even after the job offer and signed contract and always wondered what they would do if I had failed. There are conditions like TB that would have nullified the contract until I was declared free of it, but it is an interesting questions given than jobs that provide health care should have a right to consider medical costs prior to employing Somoza as long as we don't have a universal plan not covering all preexisting conditions at a reasonable rate. IN this case the health plan probably would not ahv epid for the transgender ops anyway, but would it have been exposed to secondary infection coverage which at times can be catastrophic. After all even the Army can discriminate against applicants once they take the physical even thought they have signed the papers. ..it is called medical discharge.

[jcwtts1]

elective surgery isn't usually covered under any plan. After the fact medical issues are covered just like anyone else medical history, overweight people, cancer survivors. But the argument you just made is the reason we need a public plan in any health care reform.

J

[KLordsha]

Where are all the people who are trying to crucify Prez O over DOMA, etc??

[windup]

Maybe this very decision is the result of the firestorm of protest he received on DOMA. Maybe not. But I don't understand your point. Should no one have protested the DOMA decision? It was a very BAD decision. And if anyone had compared your marriage to incest or child molestation, I doubt you would have sat quietly.

[jcwtts1]

are you kidding. These decisions were made months ago, just like the fund raiser, just like the LGBT event at the white house. You think they planned to appeal it and got scared. No, the President about three weeks ago, maybe four, extended rights and benefits not precluded by law to transgendered federal employees. That is why they didn't appeal, because they didn't have to. The DOMA appeal was a pro forma defense of an existing law.

J

[Charmed]

KLordsha...it is taking a long time for this thread to blow up....I'm still being patient...I'm sure they'll be here soon.

[denicci1977]

They are on the other board whining about running to support Sarah Palin since Obama is "moving too slow".

[StephCaster]

What a surprise. Another $500,000 waste of taxpayer money by the incompetent Bush Administration. What other bills for petty bigotry will come due?

[Coinyer101]

Well, finally this administration is acting like they care about these issues. Good job. Keep it up. We are all watching.....,

[Tom Fennell]

They would have been facing a "Perfect GLBT Storm" if they had pushed this appeal now.

[HawaiiBill]

I am one of those people that is massively impatient with the Obama Administration for their apparent foot-dragging on our GLBT issues, but let's recognize a positive ACTION when we see one. That's what this is.

I'm sure we'll now hear a lot of "yeah, but..." on here, but let's celebrate this change from the past and fight for more.

Drip, drip, drip....change is incremental. Now we need them to keep it up.

[Geoffreys]

This is a good thing. And I'm glad it's another baby baby step in the right direction. And I agree with Ms. Schroer that we need laws to prevent further discrimination against our transgendered brethren and sistren.

[PlaceboStudman]

A step in the right direction

[sparky09]

Glad to hear his story. Now, if Obama would get off his hind quarters & make an executive order stopping all discharges under D.A.D.T...

[W i l l]

Get off your rear, write your Congress, and go challenge all the ultra-right wing homophobic military leaders that will spur immediate dissent & violence if such a order is given from a President who has never served a day in the US armed forces.